Reservation System in India - Recent Bombay High Court Order on Maratha Quota

Introduction 

We cannot deny the fact that reservation comes from age-old British time and does not absolutely serve the times that we live in today. British Prime Minister Ramsay Macdonald was the first who presented the ‘Communal Award’ system to oblique out different sections of society with their identities like Muslim, Hindu, Sikhs, Christian, Anglo-Indians, Europeans, and the Dalits and after a long discourse, Gandhi and Nehru decided to bring ‘Poona-Pact’ in 1932, where in different sects of Hindu electorate were identifiable.

After independence reservations were given to the SC’s and ST’s in the educational and governmental sectors. Reservation was mainly given in pursuance of looking into the conditions of backward classes of people called as Dalits and Harijans who were deprived in different ways in society and in view of the same the Government decided to give 27% of reservation to the SC and ST.

MANDAL COMMISSION

Mandal Commission was established by the Janata Party on 1^st Jan 1979 under the then PM Morarji Desai. BP Mandal was the Indian Parliamentarian who raised a question to bring the backward classes of society at pace with others as they were 52% of the population and in order to redress caste based societies in India, the progress of backward classes in education and the professional market was of utmost importance. Thus, the commission’s report recommended that 27% of jobs would be reserved under the central government and public sector undertakings amending the total number of reservations for SC’s, ST’s And OBC’s To 49%.

After the bill was passed, widespread agitations were seen in the country. Many of the college students of the general caste had self immolate themselves. Thereafter, a stay order had given in the SC, and finally, in 1992 it was implemented.

Recent Bombay High Court Order

The Bombay High Court, while upholding the Maratha quota, held that 16% reservation is unjustifiable and ruled that reservation should not exceed 12% in employment and 13% in education as recommended by the State Backward Commission.

Now the case has recommended to the larger bench of the SC to determine whether the State Government has the power to declare a class as socially and economically backward after the constitution (102^nd) amendment.

Now, coming to the reservation quota one of the important thing needed to be considered under Art.14 of the Constitution which says “equality before the law and equal protection of the law” that also means equal opportunity given to all sects of society.

102^nd amendment of 2018 bill introduced by Lok Sabha granted constitutional status to the National Commission for Backward Classes (NCBC). After a long discourse, it has also recommended looking at modern India and into how it has economically and socially developed, instead of looking into the particular sects of society. Whereas, right now, extension is mainly given to the particular caste by looking into how it is socially developed but it should be compared to the half of the country which is economically, socially and educationally backward as it also causes discrimination to the other section of society.

Current scenario of the country

Now coming to the current situation of the country, it is needed to be noticed that after independence, how much the country is economically, socially, and educationally progressed.

• We need to ask the Government that why not the seat capacity has increased with the increasing population of the country?
• How many Government institutions are there in every state to provide educational facilities with minimal educational fees?
• Which ones are the Government sectors open to giving job securities to the youths?

The country is now at its verge of economic depravity, where there is no employment and job security.

Conclusion

It is important for the politicians to think about the development of the country instead of thinking of reservation quota for their political benefits.

The country needs to be politically, socially, economically strong and for this, it is important to think about all the sects of society instead of giving strength to only one caste.